Parents expect their children to be safe while attending school. Safety is especially important when dealing with children who have learning disabilities or other special needs. Unfortunately, if a child is seriously injured at school, parents may have limited legal options for holding negligent teachers or administrators accountable. Postell v.…
Marietta Injury Lawyer Blog
Parents of Brain-Damaged Child Denied Summary Judgment Against Emergency Room
Every parent dreads the prospect of taking a child to the emergency room following an accident. This dread can turn to horror if negligence on the part of medical personnel compounds the child’s injuries. Unfortunately, Georgia law makes it difficult to hold emergency medical providers accountable for malpractice. Under a…
Georgia City Worker Not Responsible for Car Accident
In Georgia, there are special rules for government employees when it comes to personal injury lawsuits. You cannot sue a municipal employee for any “tort involving the use of a covered motor vehicle while in the performance of his or her official duties.” Instead, you must sue the local government…
Driver Shot at Georgia Post Office Can Not Sue Federal Government for Damages
If you are injured on someone else’s property, you can normally bring a premises liability claim if there is evidence the owner was somehow negligent. Unfortunately, the rules are much different for injury victims if they are injured on government property. Both the federal and Georgia governments are normally immune…
Pitbull Attack Victims Face Hurdles in Georgia Courts
Every year thousands of people are injured by dog bites. Sadly, some of these injuries are fatal. According to DogBites.org, a nonprofit organization that tracks “dangerous dog breeds” in the United States, 42 people died following dog attacks last year. The organization also said 74 percent of all fatal dog…
When is a Car Owner Liable for “Negligent Entrustment” of a Vehicle?
If you are injured in a car accident caused by another driver’s negligence, you may have a case against the owner of the car under a legal principle known as negligent entrustment. Under Georgia law, an owner is liable for negligent entrustment if he or she allows someone to use…
Georgia Court Holds Employer Not Entitled to Share of Injured Employee’s Negligence Settlement
If an employee is injured on the job or in the course of employment, he or she may be entitled to workers’ compensation benefits under Georgia law. But what happens when an employee’s accident or injuries can be attributed to the negligence of someone other than the employer? While workers’…
Atlanta Apartment Owner Not Responsible for Repair Contractor’s Injuries
Premises liability refers to a property owner’s responsibility for any hazard on his or her land that causes injury to someone. In Georgia, premises liability is based on the owner’s “superior knowledge” of the hazard. That is, if the owner knew about a dangerous condition in advance and the injured…
Georgia Judge Reduces Damage Award Against Car Manufacturers
Georgia is a “comparative fault” state. This means in a personal injury lawsuit, any damages awarded a plaintiff must be reduced in proportion to his or her share of the liability. For example, Driver A and Driver B are in an automobile accident. Driver A sues Driver B for negligence,…
Negligent Driver’s Late Notice Means Victim Cannot Recover Insurance Benefits
In personal injury cases, such as those arising from car or truck accidents, it may not be enough to prove the other driver was responsible. A victim may find it is impossible to recover damages even from an insured defendant if the insurer can prove the defendant did something which…